But what the Democrats and liberal legal pundits reacted to in the Colorado decision was the language in the opinion that a criminal prosecution under this statute is the only avenue now available to disqualify a candidate for federal office — President or otherwise.
Five Justices voted that Congressional legislation is necessary to establish a process for removal under Section 3 — other than as it already exists as a criminal penalty under Sec. 2383. If not prosecuted and convicted under Sec. 2383, any alternative mechanism would require a new act of Congress, passed by both Houses and signed by the President. ...
But the three Justices see in the language of the majority opinion exactly what I saw when I first read it — that SCOTUS is not going to allow itself to be the arena in which the outcome of the election is sought to be decided, with a vote of the nine Justices determining the winner and loser of a partisan political race.
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